Plain Error

F-2018-359

  • Post author:
  • Post category:F

In OCCA case No. F-2018-359, Antonio Tiwan Taylor appealed his conviction for robbery with a firearm, conspiracy to commit a felony, and being a felon in possession of a firearm. In an unpublished decision, the court decided to affirm his convictions. One judge dissented. Taylor was found guilty of robbing a home along with two other men. During the robbery, they used guns and threatened the residents, forcing them to the floor and taking their belongings. After the robbery, one of the witnesses, Felicia Alvarado, identified Taylor as one of the robbers. Alvarado explained that even though Taylor wore a bandanna over his face, she saw his face clearly when it fell off for a moment. A couple of weeks later, the police found jewelry that had been taken during the crime in Taylor's possession. Another accomplice in the robbery, who had pleaded guilty, also testified against Taylor, naming him as a participant. Although that person changed his story during Taylor's trial, the court still considered his initial statement as evidence. Taylor raised multiple points in his appeal. He argued that the evidence wasn’t enough to prove he was guilty. The court disagreed, stating that the witness's strong identification of him and the jewelry found with him provided enough evidence. Taylor also argued that the trial court should have instructed the jury to be cautious about eyewitness testimony. The court ruled that since there was solid evidence, the instruction wasn't necessary. Next, Taylor claimed it was unfair to convict him for both robbery and gun possession since they were connected to the same crime. The court found no issue with this and explained that the laws allowed for separate convictions in these cases. Finally, Taylor argued that all these points together should lead to a new trial. However, since the court found no errors in the points raised, they denied this request as well. In conclusion, the court upheld the original sentences of thirty years for the robbery counts and ten years for the other charges.

Continue ReadingF-2018-359

F-2018-103

  • Post author:
  • Post category:F

In OCCA case No. F-2018-103, the appellant appealed his conviction for manslaughter in the first degree, heat of passion. In an unpublished decision, the court decided to affirm the conviction. One judge dissented. David Wayne Ellis was charged with first degree murder, but the jury found him guilty of the lesser charge of manslaughter in the first degree. This happened after a trial in which the jury decided on a sentence of life imprisonment. The judge took into account the time Ellis had already served in jail. Ellis raised several issues in his appeal: 1. He argued that the State did not prove beyond a reasonable doubt that he was not acting in self-defense when he stabbed the victim. The court looked at the evidence and decided that the jury had enough information to find that Ellis was not acting in self-defense. The court noted that Ellis had confronted the victim with a knife and had made threats, showing he was the aggressor. 2. Ellis claimed that the prosecutor made a mistake by calling the decedent's death a murder during the trial. He believed this was wrong because it was up to the jury to decide on the nature of the death. However, the court found that since the jury had been instructed correctly and had not convicted him of murder but rather manslaughter, this was not a mistake that would affect the trial's fairness. 3. Ellis argued that he did not receive effective legal help during the trial. The court considered this argument but found that his lawyer’s performance did not fall below what is acceptable. Moreover, since there was no error established in the previous points of appeal, this claim also failed. 4. Finally, he objected to the admission of a photograph of the decedent that he felt was unfairly prejudicial. The court determined that the photo was allowed under the law because it provided context about the victim and was relevant to the trial. They did not find any error in allowing it. Overall, the court affirmed the conviction and determined that there were no significant mistakes made during the trial that would change the outcome.

Continue ReadingF-2018-103

F-2018-15

  • Post author:
  • Post category:F

In OCCA case No. F-2018-15, the appellant appealed his conviction for driving under the influence of drugs causing great bodily injury, felony eluding, running a roadblock, and assault with a dangerous weapon. In a published decision, the court decided to affirm his convictions. One judge dissented. The case involved Marcus Ray Smith, who was found guilty in a non-jury trial of several serious offenses related to a high-speed police chase. The judge sentenced Smith to ten years for some crimes and thirty years for others, but with some time suspended, allowing for parole. Smith appealed for multiple reasons. He argued that he was being punished too harshly for actions that were part of one event. According to the law, people usually can't be punished multiple times for the same act. However, the court found that the crimes he committed were separate incidents. For example, running a roadblock is recognized as a distinct crime, and his actions while fleeing from the police qualified as two separate acts that endangered others. Smith also claimed that there wasn't enough evidence to prove he had intended to cause harm with his vehicle when he drove recklessly towards others. The court disagreed and stated that the way he drove clearly showed that he intended to hurt someone. Lastly, Smith said his lawyer didn't do a good job by not arguing about the double punishment issue during the trial. However, the court found that since his double punishment claim was not valid, there was no failure on his lawyer's part. In conclusion, the court upheld Smith's convictions, deciding he had received a fair trial and that his legal arguments were not strong enough to change the outcome.

Continue ReadingF-2018-15

F-2017-1098

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1098, Rodger Dale Stevens appealed his conviction for performing a lewd act in the presence of a minor. In an unpublished decision, the court decided to affirm Stevens' conviction and sentence. One judge dissented. Stevens was found guilty of a serious crime because he masturbated in front of a seven-year-old boy. The court looked closely at the evidence to see if it proved Stevens was doing this for sexual gratification. The victim testified and provided strong evidence that Stevens derived satisfaction from what he did. Even though Stevens argued that he was just trying to help the boy feel comfortable with his body, the jury did not believe him. Stevens also argued that his punishment was too harsh. Since he had previous felony convictions, his sentence was enhanced under a specific law that allows for harsher penalties for repeat offenders. Stevens said the law was applied wrongly and that he should have received a lighter sentence, but the court found that the jury was correctly instructed on the range of punishment. He raised several other issues, including claims that irrelevant and prejudicial evidence was admitted, and that his lawyer did not defend him properly. However, the court upheld that the lawyer's actions did not negatively impact the trial's outcome. Stevens argued that the life sentence he received was excessive, even claiming the situation was not severe enough for such a strong punishment. The court disagreed, noting the nature and seriousness of the crime and confirming that the sentence was within legal limits and did not shock the conscience. In summary, the court affirmed the conviction and sentence, ruling that the evidence supported the jury's decision and that the legal procedures followed were appropriate.

Continue ReadingF-2017-1098

F 2017-1074

  • Post author:
  • Post category:F

In OCCA case No. F 2017-1074, Brown appealed his conviction for Drug Court termination. In an unpublished decision, the court decided to affirm the termination, stating the trial court acted within its discretion. One judge dissented.

Continue ReadingF 2017-1074

M-2018-212

  • Post author:
  • Post category:M

**COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Rodney Eugene Smith, Appellant,** **v.** **The State of Oklahoma, Appellee.** **Case No. M-2018-212** **Filed May 9, 2019** **Summary Opinion** **Presiding Judge: Lewis** **Judgment and Sentence Affirmed** **Facts:** Rodney Eugene Smith appeals his conviction for Domestic Assault and Battery, a misdemeanor. The incident occurred on May 29, 2017, when Alexis Perkins alleged that Smith struck her. Witness Bridgett Downum testified to witnessing Smith slap Perkins during a heated argument at Downum's residence. The jury convicted Smith, resulting in a one-year county jail sentence and a $5,000.00 fine. **Propositions of Error:** 1. **Insufficient Evidence of Dating Relationship:** Smith argues that the State failed to prove he was in a dating relationship with Perkins. The court found Perkins' testimony about their living and sexual relationship sufficient for a jury to reasonably conclude a dating relationship existed. 2. **Intent to Injury:** Smith contends the State did not prove he acted with intent to injure. The court found that his actions during the confrontation demonstrated sufficient intent to do harm, as viewed in light most favorable to the State. 3. **Failure to Instruct on Lesser Included Offense:** The court found no error in failing to instruct on simple assault and battery because the evidence supported the charge of domestic assault and battery. Smith's claims about the dating relationship were rejected. 4. **Self-Defense Instruction Denied:** The trial court did not abuse its discretion in refusing Smith's self-defense instructions, as the evidence did not support his claim of self-defense. 5. **Jury Instructions on Specific Crime:** Smith's claim that the jury instructions were improper was denied as he did not object at trial, and the instructions sufficiently defined the offense. 6. **Insufficient Information:** The court ruled the Information provided adequate notice to Smith regarding the charges against him, as it included essential details about the crime. 7. **Cumulative Prosecutorial Misconduct:** Smith's claims of prosecutorial misconduct were rejected as the comments did not fundamentally undermine his trial's fairness. 8. **Improper Lay Opinion Testimony:** Downum's opinion testimony was not objected to at trial and, assuming it was improper, did not constitute plain error. 9. **Ineffective Assistance of Counsel:** Smith's trial counsel's performance did not result in prejudice, and he failed to show how the outcome would have differed had the objections been raised. 10. **Cumulative Errors:** The cumulative nature of alleged errors did not affect the trial outcome, and therefore, no relief is warranted. **Conclusion:** The court affirmed the judgment and sentence, concluding that Smith received a fair trial despite the raised propositions. **Opinion by: Lewis, P.J.** **Concurrences:** Kuehn, V.P.J.; Lumpkin, J.; Hudson, J.; Rowland, J.

Continue ReadingM-2018-212

F-2018-272

  • Post author:
  • Post category:F

In OCCA case No. F-2018-272, Lavonte Antonio Johnson appealed his conviction for using a vehicle to facilitate the intentional discharge of a firearm. In an unpublished decision, the court decided to affirm the acceleration of his deferred sentence to 27 years in prison. One judge dissented. Lavonte Johnson entered a guilty plea in 2014, which was followed by a five-year deferred sentence. However, in 2018, the state sought to accelerate this sentence, claiming Johnson had violated probation by possessing a firearm and committing bail jumping. During a traffic stop, police found Johnson could not provide a driver's license and that he had a gun with him. Johnson argued that the police had to give him a Miranda warning before asking about the gun, as he believed it was a custodial interrogation. The court found that because this was a routine traffic stop, the police were not required to issue a Miranda warning. Johnson's statements about the gun were deemed admissible. The court reviewed the decision to accelerate Johnson's sentence and found no abuse of discretion. Therefore, Johnson’s appeal was denied, and the original sentence was upheld.

Continue ReadingF-2018-272

F-2017-1240

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1240, Kevin Eugene Fowler appealed his conviction for five counts of Child Neglect. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Kevin Eugene Fowler was found guilty by a jury of neglecting his children, which included not providing them enough food and medical care. The jury recommended that he be sentenced to 30 years in prison for four of the counts and 10 years for the last count, with all sentences to be served one after the other, totaling 130 years. Fowler was required to serve 85% of his sentences before being eligible for parole. Fowler raised several points during his appeal, arguing that there were issues with how evidence was presented in court. He claimed that comments made by a police officer were unfair and that he did not receive a fair trial because of them. However, the court found that these comments were relevant and did not harm his case. Fowler also argued that he was wrongly punished multiple times for the same actions regarding his children, but the court ruled that his separate actions of failing to provide food and medical care could be treated as different crimes. He accused the State of misconduct during the trial, but the court concluded that the comments made were either allowed within the context of the trial or did not unfairly influence the jury. Another point raised was about his attorney not doing a good job. Fowler claimed his lawyer failed to object to improper arguments and was not sufficiently prepared. The court found that his lawyer's actions were not deficient and that there was no actual conflict of interest in defending both him and his co-defendant. Fowler believed that his lengthy sentences were excessive. Yet, the court determined that the sentences fell within the legal limits, and the trial judge had considered all relevant facts before deciding to make the sentences consecutive. Lastly, Fowler argued that all these issues combined made it impossible for him to get a fair trial, but since the court did not find any individual errors significant, they ruled against this claim as well. Overall, the court affirmed Fowler's multiple convictions and sentences, concluding that no errors were made that would warrant a new trial or a change in sentencing.

Continue ReadingF-2017-1240

F-2017-825

  • Post author:
  • Post category:F

In OCCA case No. F-2017-825, Ryan Paul Farr appealed his conviction for burglary in the second degree and possession of a firearm. In an unpublished decision, the court decided to affirm the convictions and sentences. There was one dissenting opinion. The case began when Farr was found guilty by a jury in Carter County. He faced two counts: one for burglary after having previous convictions, and another for having a firearm despite also having previous convictions. The jury decided that he should serve 25 years for the burglary and 15 years for the firearm possession, and the sentences were ordered to be served one after the other. Farr raised many complaints in his appeal, mentioning problems he believed occurred during the trial. He argued that the trial court made mistakes when it allowed the case to be reopened for more witness testimony and that he did not get a fair trial due to evidence of other crimes being presented. He also expressed concern about the prosecutor’s comments, which he thought made it seem like he was guilty before the jury could decide. The court looked closely at each of Farr's points. For the first complaint, the court said that letting the State present more witness testimony was a reasonable choice and didn’t hurt Farr's case. About the evidence of other crimes, the court noted that Farr didn’t object at the time these details were shared, which meant he couldn’t complain later. Farr also had issues with how his prior convictions were brought up during the trial, but the court found no major errors there either. When it came to the prosecutor’s behavior, the court decided that while the prosecutor made some points during arguments, they did not sway the trial's fairness. Farr's claims about not having enough evidence supporting his burglary and firearm possession were rejected since the court believed the evidence presented was sufficient to prove his guilt. Lastly, although Farr thought his sentences were too long, the court reminded him that sentences are usually left to the discretion of the judge unless they are extremely unfair, which in this case they weren’t. Because the court found no errors in the trial process, they confirmed the decision made in the lower court. In conclusion, the court affirmed the judgment and sentence against Farr, stating that all of his arguments were without merit.

Continue ReadingF-2017-825

F-2017-1285

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1285, Isaac Avila appealed his conviction for multiple counts of kidnapping, possession of a firearm during the commission of a felony, and resisting an officer. In an unpublished decision, the court decided to affirm his convictions and sentences. One judge dissented. Isaac Avila was found guilty by a jury for kidnapping his estranged wife and his own children, along with possessing a firearm during these events and resisting an officer. The jury gave him various sentences, including a total of 50 years in prison for the kidnappings and other convictions. Avila argued that his convictions for kidnapping his children were not valid since he believed he had the right to be with them as their parent. He also claimed there wasn’t enough evidence to convict him for these crimes. The court examined the law and the evidence. They found that, while parents do have rights, Avila acted in a way that was not allowed by law when he took his children. The court also decided that the evidence was sufficient to support his convictions, meaning it was strong enough for a reasonable person to believe he was guilty. Avila further argued that the jury should have been told about the defense of consent, which is when someone allows an action to happen, and that his lawyer didn’t do a good job helping him. However, the court ruled that the trial instructions were adequate and that his lawyer's performance did not harm his case. Lastly, Avila thought his sentences were too harsh. The court agreed that, while they were serious, they were reasonable given the facts of the case. Overall, the court upheld Avila's convictions and sentences, deciding that he had received a fair trial and that the evidence against him was strong enough to support the jury's decisions.

Continue ReadingF-2017-1285

F-2016-375

  • Post author:
  • Post category:F

This document is the opinion of the Oklahoma Court of Criminal Appeals regarding the appeal of James Stanford Poore from his convictions of four counts of First Degree Murder and two counts of Robbery with a Firearm, which occurred in Tulsa County District Court. The jury recommended sentences of life imprisonment without the possibility of parole for the murder convictions and life imprisonment for the robbery charges. The opinion outlines the factual background of the case, including the brutal murders of four victims during a robbery and the subsequent evidence linking Appellant Poore and his brother Cedric Poore to the crime. Key pieces of evidence included witness testimonies, DNA analysis, and ballistic evidence connecting the Poores to both the murders and an earlier robbery. The appellate court addressed several propositions raised by Poore, reviewing the admission of expert testimony, the exclusion of certain third-party perpetrator evidence, the relevance of other crimes evidence, the legality of the search warrant executed at Poore's mother's residence, and claims of ineffective assistance of counsel. After careful consideration, the court concluded that the trial court did not abuse its discretion in admitting the evidence or denying Poore's requests for different evidence and upheld the sufficiency of the search warrant. The court affirmed the judgment and sentence imposed by the district court, providing a detailed legal rationale for its decisions. The final decision includes an order for the mandate to be issued upon the filing of this opinion. The judgment for both the defendant and the state was documented, with all judges concurring in the decision. For those interested in viewing or downloading the original document, a link is provided at the end of the summary.

Continue ReadingF-2016-375

F-2017-1140

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1140, Michael Harold Denham appealed his conviction for Domestic Assault and Battery by Strangulation. In an unpublished decision, the court decided to affirm his conviction and sentence. One judge dissented. Michael Harold Denham was found guilty of a crime related to domestic abuse. The jury, which is a group of people that decides if someone is guilty or not, recommended that he be sentenced to three years in prison. The judge who oversaw the trial followed this recommendation and also ordered that Denham pay some fees and receive credit for the time he had already spent in jail before the trial. Denham's appeal claimed that several mistakes had occurred during his trial. He listed five main points where he believed the trial had not been fair: 1. The trial court allowed the state to have an expert witness testify about domestic abuse. Denham argued that this was a mistake. 2. He said that one of the witnesses who testified about domestic violence was not properly qualified to do so. 3. Denham claimed that some evidence was admitted that should not have been according to the rules of evidence. 4. He argued that the court did not let his defense team ask questions about one juror, which meant they could not see if the juror was biased. 5. Finally, he said that all these mistakes happened together and made the whole trial unfair. The court looked closely at Denham's claims and the evidence from the trial. They decided that the court did not make errors that were significant enough to change the outcome of the trial. For the first point about the expert witness, the court ruled that Denham did not show why his defense would have benefited from having his own expert witness. His claim of needing a continuance (more time) to prepare for the trial was not justified because he could not show how it would have helped his case. For the second point, the court decided that the qualifications of the expert witness were acceptable. The judge found that the officer had enough training and experience in domestic violence matters to testify. Regarding the third point, Denham did not follow the right procedure to complain about the late disclosure of the expert witness. As a result, the court found no major violations that would affect the trial's fairness. For the fourth point, the court reviewed how the trial judge handled questions for the jurors. They found that the process was fair because the juror had given no indication beforehand that she would be biased. Lastly, for the fifth point about the overall fairness of the trial, the court did not agree that the combined claims could show any level of unfairness. They found no cumulative error that would merit a different outcome. In conclusion, the court upheld Denham's conviction, deciding that he received a fair trial and that the claims of error did not have enough merit to change the verdict. The appeal was denied, and the conviction was confirmed, meaning Denham would serve his sentence as decided by the jury.

Continue ReadingF-2017-1140

RE-2018-128

  • Post author:
  • Post category:RE

In the Court of Criminal Appeals of the State of Oklahoma, Milton Roger Hornsby appealed the revocation of his suspended sentence from the McIntosh County District Court, overseen by Judge James D. Bland. This appeal arose from convictions in two cases, CF-2012-45 and CF-2012-60, covering multiple charges including possession of a firearm after conviction and assault with a dangerous weapon. Hornsby initially received a twenty-year suspended sentence for one charge and six-month suspended sentences for others, all to be served concurrently. The State's motion to revoke the suspended sentences, filed on September 19, 2016, was due to an alleged new crime involving assault and battery with a dangerous weapon. Following a hearing on December 29, 2016, Judge Bland revoked ten years of Hornsby's suspended sentences. Hornsby raised several legal arguments on appeal: 1. **Burden of Proof**: He argued that Judge Bland imposed a lower burden of proof than required. However, the court affirmed that Judge Bland properly articulated the standard during the hearing, which was that the State needed to show it was more likely than not that Hornsby violated his probation. 2. **Suppressed Evidence**: Hornsby contended that evidence pertaining to the use of a knife, previously suppressed in a related case, was improperly considered at the revocation hearing. The court noted that Hornsby did not object during the hearing and thus waived his right to raise this issue on appeal apart from claiming plain error, which he failed to establish. 3. **Intent to Harm**: Hornsby claimed there was insufficient evidence to prove he intended to inflict bodily harm. The court stated that the evidence presented was sufficient to suggest that it was more likely than not that Hornsby had such intent. 4. **Cumulative Errors**: Lastly, Hornsby argued that the accumulation of errors deprived him of a fair hearing. The court found no merit in this argument, as each proposition raised was without merit. The Court concluded that there was no abuse of discretion in Judge Bland's decision to revoke the suspended sentence, affirming the revocation. The mandate was ordered to issue following the filing of the decision.

Continue ReadingRE-2018-128

F-2017-1214

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1214, Marco Antonio Hernandez appealed his conviction for Trafficking in Illegal Drugs (Methamphetamine) and Unlawful Possession of a Controlled Drug with Intent to Distribute (Marijuana & Cocaine). In an unpublished decision, the court decided to affirm the convictions and sentences as they were presented. A dissenting opinion noted disagreement with the majority's conclusions regarding lesser included offenses and related jurisprudence. Here’s a summary of the case events: Marco Hernandez was found guilty of serious drug offenses after police searched his motel room and discovered illegal drugs and paraphernalia. Specifically, the officers found marijuana, methamphetamine, cocaine, and various drug-related items. The police execution of the search warrant included forcing entry into his room when no one answered the door. During their search, they also found evidence suggesting Hernandez had been dealing drugs for a long time. Hernandez was sentenced to life in prison, with fines associated with his offenses. Throughout the trial, Hernandez confessed to drug possession and selling drugs, but he also tried to shift some of the blame to his girlfriend. The court faced challenges regarding whether the jury was correctly instructed on lesser included offenses, which could provide alternative verdict options for the jury beyond the heavier charges they faced. Hernandez’s appeals focused on the court's jury instructions and his attorney's effectiveness during the trial. The majority opinion found that the trial court did not err in not giving instructions about lesser included offenses since there was not sufficient evidence to support these lesser charges. Ultimately, the appeals court agreed with the trial court's decisions and upheld the convictions, despite dissenting opinions that argued for a need to reconsider how lesser offenses were treated in this case. The judgment and sentence were thus affirmed, meaning Hernandez's convictions and sentences stood as delivered by the lower court.

Continue ReadingF-2017-1214

F-2017-1189

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1189, Lawrence Raymond Silver, Jr. appealed his conviction for Solicitation for First Degree Murder. In a published decision, the court decided to affirm the judgment and sentence from the district court. One judge dissented. The case started when Silver was tried and found guilty of trying to get someone to commit murder. The jury decided he should go to prison for thirty-seven years. During the trial, Silver raised several issues on appeal. First, he argued that the prosecutor said some unfair things that hurt his chances for a fair trial. However, the court found that these comments were not serious enough to make the trial unfair, and there was no error. Silver also thought that he should not have received three years of supervision after leaving prison since the law said this only applied to specific crimes. The court agreed that there was an error, but the trial judge later fixed it, reducing the supervision time to nine months to a year. Because this was corrected, Silver did not need any more relief on this issue. Additionally, Silver claimed that his lawyer did not help him well enough during the trial. The court explained that to show his lawyer was ineffective, Silver needed to prove that if the lawyer had done better, the result of the trial would have been different. Since the court didn't find any of the previous claims valid, they decided that his lawyer's work couldn't be judged as ineffective. Finally, Silver said that even if no single issue mattered on its own, the overall mistakes during the trial combined to deny him a fair trial. The court ruled that without any valid individual mistakes, his claim for cumulative errors was groundless. In conclusion, the court upheld the original judgment and sentence against Silver, and his request for further testing of his lawyer's assistance was denied.

Continue ReadingF-2017-1189

F-2017-952

  • Post author:
  • Post category:F

In OCCA case No. F-2017-952, Jerry Don Battenfield appealed his conviction for sexual abuse of a child under age twelve. In an unpublished decision, the court decided to affirm his convictions. One judge dissented. Mr. Battenfield was found guilty without a jury and received a sentence of thirty years in prison and a fine for each of the two counts, which means he must serve over twenty-five years before he can be considered for parole. He raised several arguments on appeal. First, he argued that he did not understand that he was giving up his right to a jury trial. He believed he might face the death penalty, but the court found he was not misled about the possible punishment. Therefore, his claim was denied. Second, he claimed that the judge improperly relied on evidence that was not admitted during the trial. However, the court found that the judge could only use the evidence that was presented and determined there was no error. Third, he argued that there should have been a hearing to check if child hearsay was reliable before it was allowed in court. The court noted that his attorney had actually agreed to let the hearsay in, which meant that there was no error to review. In the fourth point, he contended that some of the child’s statements were allowed into the trial in a way that violated his right to confront witnesses. The court agreed that there was a mistake concerning some statements but concluded the mistake was harmless, as there was enough other evidence to show he was guilty. Fifth, he stated that his lawyer did a poor job for not fighting harder to protect his rights during the trial. However, the court believed that the lawyer did not make any major mistakes that would have changed the outcome of the trial. Finally, he asked for a review based on multiple mistakes during the trial. The court found that the previous issues did not add up to deny him a fair trial. The court affirmed the judgment and said that the decisions made during the trial were generally correct, despite acknowledging a small error regarding the child’s statements. Overall, his appeal was denied, and he will continue to serve his sentence.

Continue ReadingF-2017-952

F-2017-849

  • Post author:
  • Post category:F

In OCCA case No. F-2017-849, Samuel Cosby appealed his conviction for assault and battery with a deadly weapon. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Samuel Cosby was found guilty by a jury in Oklahoma County and sentenced to life imprisonment. He raised several arguments to claim that errors during the trial affected his right to a fair trial. First, Mr. Cosby argued that the trial court made a mistake by not having a pretrial hearing to check if the expert testimony about firearms was reliable. The court found no error in allowing the expert testimony because it is generally accepted in trials. Second, he claimed the firearms expert's analysis was flawed and unfair. However, the court decided that there was no plain error since the expert's opinion was based on accepted methods. Third, he argued that a phone call he made from jail should not have been used as evidence. While he objected in court, the judges felt the phone call was relevant because it showed he was aware of the situation. Fourth, Mr. Cosby said there were mistakes in how evidence was handled, particularly about the victim's injuries. The court ruled that the evidence was necessary for proving the case. Fifth, he felt the jury instructions were wrong because his request for an explanation about inconsistent statements was denied. The court explained that the victim's testimony was not inconsistent enough to require such an instruction. Lastly, Mr. Cosby claimed he did not receive effective help from his lawyer. The court found that since these errors did not actually happen, this claim was also not valid. The overall decision was that the judgment and sentence against Mr. Cosby were correct, and his appeals did not show any significant errors that affected the fairness of his trial.

Continue ReadingF-2017-849

F-2017-758

  • Post author:
  • Post category:F

In OCCA case No. F-2017-758, Shawn Conrad Freeman appealed his conviction for multiple serious crimes, including Kidnapping, Forcible Sodomy, Rape in the First Degree, and Robbery in the First Degree. In an unpublished decision, the court decided to affirm the judgment and sentence of the District Court. The court did, however, instruct the District Court to correct a clerical error regarding the fine for one of the robbery counts. Freeman was tried by jury and was found guilty on multiple counts involving four separate women. The jury sentenced him to long prison terms and significant fines. The trial court followed the jury's recommendations for sentencing. Freeman raised several arguments on appeal. He argued that having multiple convictions for crimes like Kidnapping, Rape, and Forcible Sodomy at once was unfair and violated laws against double punishment. However, the court found that the crimes were separate and showed that each act occurred at different times, meaning he could be punished for all of them. He also claimed that trying all fourteen counts together was wrong because it might have led the jury to convict him based on the total evidence rather than on proof for each individual charge. The court determined that the offenses were connected enough to be tried together and that no error occurred. Another point of contention was that one of the victims couldn't testify in court, and the jury was allowed to hear her previously recorded testimony instead. The court upheld this decision, stating that Freeman had previously had the chance to question her during an earlier hearing. Freeman argued that the evidence was not enough to support his robbery conviction. The court disagreed, stating that the evidence clearly showed he unlawfully took property from a victim. He raised questions about misconduct by the prosecutor, ineffective assistance of counsel, and that his sentences were too harsh. The court found no evidence to support his claims of improper actions or ineffective counsel. It ruled that his sentences were not excessively severe given the nature of the crimes he was convicted for. Finally, Freeman claimed that the combined issues during the trial denied him a fair trial. However, the court noted that it found no individual errors that would warrant a new trial. In conclusion, the court affirmed Freeman's convictions and sentences but ordered a correction to a minor error in the judgment regarding the fine imposed for one count of robbery. There was a dissenting opinion from one of the judges.

Continue ReadingF-2017-758

F-2017-532

  • Post author:
  • Post category:F

In OCCA case No. F-2017-532, Shane Allen Vanderpool appealed his conviction for First Degree Murder, Possession of a Firearm After Former Conviction, and Eluding a Police Officer. In a published decision, the court decided to affirm his convictions and sentences. One judge dissented. The case began when Vanderpool shot and killed Blaine Wells in an incident that was determined to be a case of mistaken identity following an encounter at an intersection in Tulsa, Oklahoma. Vanderpool did not know Wells, and the circumstances of the shooting involved a misunderstanding about the identities of the people involved. Vanderpool was later connected to the crime through evidence that included phone records and testimonies that linked him to the location of the shooting. Witnesses to the shooting were able to identify Vanderpool as the shooter, and forensic evidence further implicated him. Vanderpool was charged with First Degree Murder and other related offenses, ultimately leading to a conviction and a sentence of life imprisonment without the possibility of parole for the murder charge. During the appeal, Vanderpool raised several issues regarding the trial court's admission of evidence relating to his character and gang affiliations. He claimed that such evidence denied him a fair trial. However, the court found that the evidence was admissible as it was closely connected to the events of the shooting. Vanderpool also challenged certain photographic evidence presented at trial, arguing it was prejudicial and lacked relevance. The court, however, concluded that these photographs had significant probative value and did not substantially outweigh any potential prejudicial effect. Another argument Vanderpool made was about the unconstitutionality of a statute regarding the sentencing of noncapital murder defendants, which he felt limited his ability to present mitigating evidence during sentencing. The court held that the statute was constitutional and provided due process protections. Furthermore, Vanderpool contended that his defense counsel was ineffective for failing to raise certain objections during trial. The court noted that his counsel's performance did not result in prejudice that would impact the trial's outcome; therefore, this claim was also denied. Finally, Vanderpool argued that the cumulative effect of errors during his trial denied him a fair trial. The court ruled that as they found no substantial errors, this claim also failed. In conclusion, the court affirmed Vanderpool's convictions and the sentences imposed by the trial court. The opinions aligned with the decisions made regarding the evidentiary rulings and the interpretation of the relevant statutes. One judge expressed a differing view but ultimately the majority ruled in favor of upholding the lower court's decision.

Continue ReadingF-2017-532

F-2017-762

  • Post author:
  • Post category:F

In OCCA case No. F-2017-762, Kendell Paul Sparrow appealed his conviction for Murder in the First Degree (Malice Aforethought). In a published decision, the court decided to affirm the Judgment and Sentence of the district court, sentencing him to life imprisonment with the possibility of parole. One judge dissented. Sparrow was convicted of a serious crime, and his appeal included two main issues. First, he argued that the trial should not have included the preliminary hearing testimony of a witness because he believed it went against his right to confront witnesses. Second, he contended that there was not enough evidence to support his conviction for murder. During the trial, the court allowed a witness’s earlier testimony to be used because that witness was unavailable to testify in person. Sparrow challenged this, claiming it violated his constitutional rights. However, the court found no error because the State had made reasonable efforts to bring the witness to trial. The court also determined that Sparrow had a chance to question the witness during the preliminary hearing. Therefore, the admission of the testimony was upheld. As for the evidence presented against Sparrow, the court examined whether the State proved he was guilty of murder. The law requires that to convict someone of first-degree murder, it must be shown they unlawfully caused the death of another with intent or malice. The court looked at all the evidence in favor of the State and concluded that reasonable jurors could find Sparrow guilty beyond a reasonable doubt. Ultimately, the court decided that Sparrow's appeal did not provide grounds for reversing his conviction. Therefore, the original sentence of life imprisonment was affirmed.

Continue ReadingF-2017-762

F-2017-902

  • Post author:
  • Post category:F

In OCCA case No. F-2017-902, Kaylin Mixon appealed his conviction for Second Degree Depraved Mind Murder. In an unpublished decision, the court decided to affirm the conviction and uphold the sentence. One judge dissented. Kaylin Mixon was found guilty by a jury and was sentenced to 30 years in prison, along with a $100 fine. Mixon argued that his trial was unfair for three reasons. First, he believed that the jury should have been individually asked about their verdict to ensure all members agreed. However, the court found that since no one complained during the trial, there was no clear error. They determined that the jury's agreement was evident enough without needing to poll each member individually. Second, Mixon contended that photos from the autopsy shown at trial were too upsetting and should not have been allowed as evidence, claiming they were not necessary since the cause of death was not disputed. The court ruled that the photos were relevant to the case and helped to explain the details of the crime, so the inclusion of the photos did not unfairly influence the jury. Lastly, Mixon challenged the $100 fine imposed by the judge, arguing that it wasn’t proper since the law didn’t specifically mention a fine for his type of conviction. However, the court referenced past rulings that allowed judges to impose fines in felony cases, concluding that the fine was valid. After reviewing these issues, the court found no substantial errors that would warrant a new trial or change in the sentence. Therefore, they affirmed the original decision and the appeal was denied.

Continue ReadingF-2017-902

F-2016-194

  • Post author:
  • Post category:F

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DONTE LEMAR PAYTON,** Appellant, *Case No. F-2016-194* v. **STATE OF OKLAHOMA,** Appellee. **SUMMARY OPINION** **HUDSON, JUDGE:** Appellant, Donte Lemar Payton, was convicted in the Oklahoma County District Court, Case No. CF-2014-7586, of Manslaughter in the First Degree, in violation of 21 O.S.2011, § 711(3). The jury acquitted him of first-degree murder but found him guilty of the lesser-included offense. The Honorable Donald L. Deason sentenced him to life imprisonment, and Payton appeals, presenting six propositions of error: **I.** The trial court erred in failing to comply with statutory law regarding juror contact, violating Appellant's Sixth and Fourteenth Amendment rights. **II.** The court's communication with the jury improperly suggested they could avoid their duty to assess punishment. **III.** Appellant was denied effective assistance of counsel. **IV.** The life sentence imposed was excessive under the circumstances. **V.** The trial court erroneously refused to instruct the jury on self-defense, violating Appellant's rights. **VI.** Cumulative errors deprived Appellant of due process. Upon thorough review, including the evidence and arguments presented, the Court finds no relief necessary. The judgment and sentence are AFFIRMED. ### Propositions I and II A presumption of prejudice arises from unauthorized judicial communications with a jury after they commence deliberations (Givens v. State, 1985 OK CR 104). In this case, the jury was informed by the bailiff about the trial court's potential to impose a sentence if they could not reach an agreement. This occurred after they had already found Appellant guilty. An evidentiary hearing confirmed that the communication, while improper, was addressed within the statutory framework (22 O.S.2011, § 927.1) regarding jury deadlock. The communication was limited and factual, and the jury was informed to continue deliberations, which ultimately established that they were deadlocked. Appellant failed to object to any of these proceedings or request an Allen charge, thus forfeiting those claims on appeal. The communication did not undermine the integrity of the proceedings, and therefore the presumption of prejudice was adequately overcome. Hence, we deny Propositions I and II. ### Proposition III To establish ineffective assistance of counsel, Appellant must show both deficient performance and resulting prejudice (Strickland v. Washington, 1984). In this case, the existing record did not support claims of ineffective assistance. Furthermore, there is no clear and convincing evidence suggesting that counsel's failure to present character witness statements at sentencing prejudiced the outcome. Accordingly, Proposition III is denied. ### Proposition IV Considering the complete context, we agree that Appellant's life sentence is not so excessive as to shock the conscience (Duclos v. State, 2017 OK CR 8). The nature of the crime was severe, further justifying the sentence based on the facts presented. ### Proposition V The trial court's decision to deny a self-defense instruction was within its discretion. The standard for prima facie evidence was not met since Appellant's testimony did not suggest a reasonable belief in imminent danger, thus precluding such an instruction (Davis v. State, 2011). ### Proposition VI Allegations of cumulative error must be based on actual determinations of error, which were not established here (Neloms v. State, 2012). Therefore, we deny Proposition VI as well. ### DECISION The judgment and sentence of the District Court are AFFIRMED. Appellant's Application for an Evidentiary Hearing on Sixth Amendment Claims is DENIED. **APPEARANCES:** * For Appellant: Stacy Smith, Attorney at Law * For Appellee: Mike Hunter, Attorney General; John Salmon, Assistant District Attorney; Matthew D. Haire, Assistant Attorney General **OPINION BY:** HUDSON, J. *LUMPKIN, P.J.: CONCUR* *LEWIS, V.P.J.: CONCUR IN RESULTS* *KUEHN, J.: CONCUR* *ROWLAND, J.: RECUSE* **NOTE**: The presence of procedural errors warrants caution, but in this instance, they did not materially affect the outcome. Trial courts should maintain vigilance regarding communications with jurors to avoid future complications.

Continue ReadingF-2016-194

F-2017-994

  • Post author:
  • Post category:F

In OCCA case No. F-2017-994, Holly Tegan Zuniga-Griffin appealed her conviction for Enabling Child Abuse. In an unpublished decision, the court decided to affirm her conviction. One judge dissented. The case involved Holly Tegan Zuniga-Griffin, who was found guilty of enabling the abuse of her three-year-old son. The jury in Muskogee County decided she was guilty of this crime based on the evidence presented during the trial. She was sentenced to ten years in prison, following the jury's recommendation. Zuniga-Griffin raised several issues in her appeal. First, she argued that the law regarding child abuse was unclear and vague. However, the court found no reason to change its previous decisions on this issue and denied her claim. Next, she claimed there wasn't enough evidence to prove she understood her child was in danger when she left him with her 17-year-old boyfriend. The court disagreed, stating there was enough evidence to show she should have known her child was at risk. Zuniga-Griffin had made inconsistent statements about how her son got hurt, and medical evidence indicated he had been physically abused. She also said she was denied a fair trial because the judge didn't instruct the jury properly. The court acknowledged that some jury instructions could have been appropriate, but overall, they did not think this affected the trial's fairness. Another point she raised was about a nurse giving an opinion in court when she didn't have the right qualifications. The court found that the nurse did have enough training and experience to testify about the injuries on the child, so they disagreed with Zuniga-Griffin's claim. Zuniga-Griffin contended that the prosecution failed to provide important evidence that could have helped her case. However, the court concluded that she was aware of the photos in question during the trial and did not attempt to use them, dismissing her argument. She also claimed her lawyer did not do a good job representing her, which negatively impacted her trial. But the court found her lawyer's decisions were reasonable and did not affect the outcome. Zuniga-Griffin then argued that her ten-year sentence was excessively harsh. The court noted that her son had suffered serious injuries, and her sentence was within what the law allowed, so they did not find it shocking. Finally, she stated that all the errors combined during the trial made it unfair. The court determined that the errors she identified did not, either separately or together, undermine her right to a fair trial. In the end, the decision of the trial court was upheld, meaning Zuniga-Griffin would serve her sentence as originally decided.

Continue ReadingF-2017-994

F-2017-851

  • Post author:
  • Post category:F

In OCCA case No. F-2017-851, Anthony Harold Warnick appealed his conviction for Possession of Child Pornography, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to affirm his conviction but modified the fee for his indigent defense. The dissenting opinion was not specified. Warnick was tried without a jury and found guilty, receiving a 35-year prison sentence. He argued several points in his appeal, claiming errors and issues with how his previous convictions were used to enhance his sentence. He stated that his earlier convictions should not have been considered because they were misdemeanors at the time of the offenses or were too old to count against him. The court reviewed specific claims regarding the earlier convictions and determined there were no plain errors in how they were assessed. They found that Warnick's previous convictions were appropriately used to enhance his sentence, as he did not successfully challenge their validity in previous appeals or post-conviction actions. One error was found concerning the fee for his defense representation, which was set too high at $500 instead of the legal limit of $250. The court corrected this fee to the legal amount and directed the trial court to make this change. Overall, the court concluded that no significant errors impacted Warnick's trial or his sentence, except for the mentioned fee correction. His appeal was mostly denied, reinforcing his conviction but providing a slight adjustment in the costs associated with his defense. The dissenting opinion on this case was not detailed in the decision.

Continue ReadingF-2017-851

F-2017-599

  • Post author:
  • Post category:F

In OCCA case No. F-2017-599, Christopher Michael Hildebrandt appealed his conviction for First Degree Rape of a Child under 14, Forcible Sodomy, and Abduction of a Person Under 15. In an unpublished decision, the court decided to affirm the convictions but vacated the assessment of prosecution reimbursement costs of $960.00. One judge dissented. The case involved a jury trial where Hildebrandt was found guilty of serious charges against a minor. The jury recommended sentences of 25 years for the first charge, 20 years for the second, and 5 years for the third, all of which were to be served one after the other. Hildebrandt raised several reasons for his appeal. He claimed that evidence from his car was obtained illegally because law enforcement acted outside their jurisdiction. However, the court determined that even if the car was seized unlawfully, the subsequent search conducted with a warrant made the evidence valid. He also argued that the jury selection was unfair because two minority jurors were removed based on race. The court found that the reasons given for their removal were valid and not racially biased. Furthermore, Hildebrandt pointed out that an emotional outburst from the victim's father during the trial could have influenced the jury. The court ruled that there was no need for the judge to inquire about the impact of the outburst because steps were taken to address the situation. He challenged the foundation for evidence presented at trial and whether he received proper notice of the charges. The court found that challenges to evidence would not have changed the outcome of the trial. Hildebrandt also asserted that his defense attorney did not help him adequately during the trial, but the court disagreed, noting that any objection his attorney might have made would have likely been denied. Lastly, he argued that his sentences were too harsh and should have been served concurrently instead of consecutively. The court upheld the sentences as appropriate given the serious nature of the crimes. However, they acknowledged that the assessment for reimbursement costs was incorrectly applied, leading to the decision to remove that specific charge. In conclusion, while the court found some merit in Hildebrandt's claims regarding prosecution reimbursement costs, they ruled that the convictions and the sentences were legally justified.

Continue ReadingF-2017-599